MELTON CITY COUNCIL
Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 5 February 2013 at 7.00pm.
THIS AGENDA CONTAINS REPORTS TO BE DEALT
WITH AT A CLOSED MEETING OF COUNCIL
Kelvin Tori
CHIEF EXECUTIVE
Visitors to the Gallery please note:
Proceedings at Council meetings are controlled by the Mayor, as chairperson. The Mayor is empowered to enforce the provision of Council’s Local Law, which includes the following aspects;
  • Silence should be maintained in the gallery at all times, unless the Mayor allows otherwise. A visitor to the gallery must not interject or interfere with debate that occurs in the Chamber.
  • Members of the gallery are able to participate in the meeting through lodgement of written questions. Each person may submit up to two questions by placing them in the receptacle at the door leading into the Council Chamber prior to 7.00pm on the evening of the Council Meeting. The author of the question must be in the gallery at the time the question is to be dealt with for it to be valid. The Mayor may at his sole discretion allow the submitter of a question to raise a point of clarification.
  • If a member of the gallery breaches the Local Law requirement for silence, they will be called to order by the Mayor. If a call to order is not complied with, the Mayor may direct a person to be removed from the Chamber. A person who fails to leave the Chamber when so directed by the Mayor is guilty of an offence, and is liable to a penalty of $500.
  • If the Gallery becomes too disruptive, the Mayor has the authority to adjourn the meeting to a later time, to allow order to be restored.

Ordinary Meeting of Council5 February 2013

Table of Contents

1.Opening Prayer and Reconciliation Statement4

2.Apologies and Leave of Absence4

3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor 4

4.Adoption and Confirmation of Minutes of Previous Meetings4

5.Petitions and Joint Letters4

6.Resumption of Debate or Other Business Carried over from a Previous Meeting 4

7.Public Question Time4

8.Presentation of Staff Reports5

8.1Authorising of Affixing The Common Seal of Council5

For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.

8.2Community Learning Board Minutes7

This report presents to Council Minutes of the Community Learning Board meetings held on 12 December 2012.

8.3Policy Review Panel Minutes9

This report presents to Council Minutes of the Policy Review Panel meeting held on 20 December 2012 for adoption of the Committees recommendations.

8.4Delegations of Authority exercised - 1 July 2012 to 31 December 201211

To advise Council of Delegations of Authority exercised for the period 1 July 2012 to 31 December 2012 that Council need to be informed of.

8.5Planning Application PA 2012/3704 - Variation to the Restrictive Covenant prohibiting the construction of more than one dwelling on the land At 1 Grevillea Close, Hillside 13

To consider a planning application for variation to the restrictive covenant prohibiting the construction of more than one dwelling on the land at 1 Grevillea Close, Hillside.

8.6Melton Planning Scheme - Amendment C135 Rezoning of Land at 683-797 High Street, Melton West 17

To request that the Minister for Planning authorise the preparation of a Planning Scheme Amendment, and exempt some of the notice provisions under Section 20(2) of the Planning and Environment Act, 1987.

8.7Melton Planning Scheme - Amendment C134 Tidy Up Amendment23

To request that the Minister for Planning fast track an amendment to the Melton Planning Scheme to correct anomalies identified in the Melton Planning Scheme Review – 2012.

8.8Response to Notice of Motion 344 - Melton Weir Development Advisory Committee 26

To provide Council a response to Notice of Motion 344, tabled at the 13 December 2012 Council meeting.

8.9VCAT Fees - Regulatory Impact Statement29

To inform Council of the Regulatory Impact Statement (RIS) proposing increases to Victorian Civil and Administrative Tribunal (VCAT) fees.

9.Reports of Committees32

10.Reports from Delegates Appointed by Council to Other Bodies33

10.1Presentation of Written and Verbal Reports from Councillors in Their Role as Delegates to Other Bodies 33

10.2Parliamentarian and Departmental Letters Received by The Mayor34

Office Premier of Victoria – Invitation to visit City of Melton.

Natalie Hutchins MP, State Member for Keilor – Duplication of Melton Highway.

The Hon Terry Mulder MP, Minister for Roads – Melton Highway.

Stephen Gregory, Department of Planning & Community Development – Ferris Road Off Ramp Signalisation.

10.3Record of Assembly of Councillors Attached To This Agenda in Accordance with Section 80a(1) of The Local Government Act 1989 41

11.Notices of Motion43

11.1Notice of Motion 353 (Cr Turner) Webcasting of Council Meetings43

11.2Notice of Motion 354 (Cr Dunn) Publishing of Executive Contracts in the Annual Report 44

11.3Notice of Motion 355 (Cr Dunn) Council leased properties45

12.Councillor’s Questions Without Notice46

13.Motions without Notice46

14.Urgent Business46

15.Confidential Business47

15.1Western Business Accelerator and Centre for Excellence
Contract Number: C13/020 Provision of Architectural Services
Contract Number: C13/024 Provision of Project Management Services48

This report provides an update on the current status of the Western Business Accelerator and Centre for Excellence (Western BACE) project and advises that the tender assessment for Contract Number: C13/020 Provision of Architectural Services Contract Number: C13/024 Provision of Project Management Services has been completed and to seek approval from Council to award the contracts.

16.Close of Business49

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Ordinary Meeting of Council5 February 2013

1.Opening Prayer and Reconciliation Statement

The Mayor, Cr Majdlik will read the opening prayer and reconciliation statement.

Prayer

“Almighty God we humbly beseech Thee to vouchsafe Thy blessing upon this Council, direct and prosper its deliberations to the advancement of Thy glory and the welfare of the people whom we serve – Amen.”

Reconciliation Statement

Melton City Council acknowledges that the land it now occupies has a history that began with the Indigenous occupants, the Kulin Nation. Council pays its respects to the Kulin Nation people and their Elders and descendants past and present.

2.Apologies and Leave of Absence

The Mayor will call for any apologies received from any Councillors who are unable to attend this meeting.

3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor

Pursuant to Section 77A, 77B, 78 and 79 of the Local Government Act 1989, any Councillor must declare any direct or indirect interest, and any conflict of interest, in any items contained within the Notice Paper.

4.Adoption and Confirmation of Minutes of Previous Meetings

Recommendation:
That the Minutes of the Ordinary Meeting of Councilheld on 13 December 2012and Special Meeting of Councilheld on 17 December 2012be confirmed as a true and correct record.

5.Petitions and Joint Letters

The Chief Executive will table any petitions and/or joint letters received prior to this meeting.

6.Resumption of Debate or Other Business Carried over from a Previous Meeting

Nil.

7.PublicQuestion Time

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Ordinary Meeting of Council5 February 2013

8.Presentation of Staff Reports

8.1Authorising of Affixing The Common Seal of Council

Author: Christie Shields- Governance Officer

Presenter: Peter Bean- General Manager Corporate Services

Purpose of Report

For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.
Recommendation:
That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 5 February 2013 and appended to this report. (Appendix 1)

Report

1.Executive Summary

Documents requiring the Common Seal of Council to be affixed are detailed in (Appendix 1).

2.Background/Issues

Use of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers.

The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –

(a)Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and

(b)Be kept at the Council office; and

(c)Be used in accordance with the local laws of the Council.

Council’s Meeting Procedure Local Law 2004 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.

3.Council Plan Reference and Policy Reference

The Melton Shire Council 2009-2013 Council Plan refers to the need to:

Management and control of the use of the Council seal is an important element of ensuring good governance.

4.Financial Considerations

There are no financial considerations relating to the use of the Council Seal.

5.Consultation/Public Submissions

Not applicable.

6.Risk Analysis

Ensuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document.

7.Options

Not applicable.

List of Appendices

1. / Schedule for Authorising of Affixing The Common Seal

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Ordinary Meeting of Council5 February 2013

8.2Community Learning Board Minutes

Author: Peter Blunden- Life Long Learning Officer

Presenter: Peter Bean- General Manager Corporate Services

Purpose of Report

This report presents to Council Minutes of the Community Learning Board meetings held on 12 December 2012.
Recommendation:
That the unconfirmed minutes of the Community Learning Board Meeting of 12December 2012 be noted and the recommendations contained within those Minutes be endorsed.

Report

1.Executive Summary

The Community Learning Board meets bi-monthly and considers matters relating to employment, education and learning within the City. The 12 December Meeting of the Community Learning Board was presented with reports from each of the working parties and projects of the Board. A presentation from John Zika EO of VICSEG and Bill Couche, consultant was also given to the Board. The presentation included VICSEG research on the needs of African refugees in the City of Melton.

2.Background/Issues

Council established the Community Learning Board in 1998 to promote the importance of lifelong learning to the social and economic development of Melton. The Community Learning Board connects those involved within the City in these endeavours in a forum to improve opportunities for the community to learn. Membership is drawn from all learning sectors, industry and community organisations and also comprises a number of ex officio members from Council and other formal education service providers.

The Board has two working parties that concentrate on various elements of lifelong learning and implement the Community Learning Plan 2011-2014. They are the Economic Development and Lifelong Learning Working Party and the Social Inclusion and Lifelong Learning Working Party. There is also a Kindergarten Working Party that is a joint activity of the Shire’s Early Years Partnership and the Community Learning Board.

A copy of the Minutes of the meeting held on 12 December 2012 is attached as Appendix 1 to this report. A letter to the Minister for Higher Education and Skills regarding concerns over TAFE cuts and seeking funding support for local projects that address skill shortages is attached as Appendix 2.

3.Council Plan Reference and Policy Reference

The Melton Shire Council 2009-2013 Council Plan refers to the need to:

Encourage local skill development and local employment opportunities

4.Financial Considerations

No financial considerations.

5.Consultation/Public Submissions

The Community Learning Board is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Board would recommend an appropriate consultation process to Council for endorsement.

6.Risk Analysis

Being regularly informed on Community Learning Board activities assists Council in controlling any possible risk exposure.

7.Options

The Community Learning Board is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate.

List of Appendices

1. / Learning Board Minutes 121212
2. / Letter to Minister Hall - Tafe Cuts

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Ordinary Meeting of Council5 February 2013

8.3Policy Review Panel Minutes

Presenter: Peter Bean- General Manager Corporate Services

Purpose of Report

This report presents to Council Minutes of the Policy Review Panel meeting held on 20 December 2012 for adoption of the Committees recommendations.
Recommendation:
That :-
1.The unconfirmed minutes of the Policy Review Panel Meeting of 20 December 2012 be noted.
2.Council adopt the recommendations of the Committee as detailed in the Minutes appended to this report.

Report

1.Executive Summary

The Policy Review Panel considered:

Disability Advisory Committee Terms of Reference

Arts and Cultural Collection Acquisition Panel

Revised Community Facilities Access Policy

Resource Support and Expenses of Councillors and Special Committee Members.

2.Background/Issues

Council established a “Policy Review Panel” to review existing Council policy and formulate new policies in new areas identified by Council as requiring appropriate policy consideration.

The panel is an Advisory Committee which meets monthly and presents its recommendations to the Council for adoption. A copy of the Minutes of the meeting held on 20 December 2012 is attached as Appendix 1 to this report.

The policies as proposed largely reflect what was the pre-existing practice in relation to these matters and therefore are not viewed as containing any major issues for Council.

3.Council Plan Reference and Policy Reference

The Melton Shire Council 2009-2013 Council Plan refers to the need to:

Practice good governance, social, economic and environmental responsibility.

4.Financial Considerations

There are no financial implications associated with the recommendations of the Committee as contained in the Minutes.

5.Consultation/Public Submissions

The Policy Review Panel is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Committee would recommend an appropriate consultation process to Council for endorsement.

6.Risk Analysis

Maintaining up to date policies within an organisational framework assists Council in controlling risk.

7.Options

Policy Review Panel is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate.

List of Appendices

1. / Policy Review Panel Minutes 20 December 2012

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Ordinary Meeting of Council5 February 2013

8.4Delegations of Authority exercised - 1 July 2012 to 31 December 2012

Author: Christie Shields- Governance Officer

Presenter: Peter Bean- General Manager Corporate Services

Purpose of Report

To advise Council of Delegations of Authority exercised for the period 1 July 2012 to
31 December 2012 that Council need to be informed of.
Recommendation:
That the report be received for information.

Report

1.Executive Summary

Delegations exercised for the period 1 July 2012 to 31 December 2012are detailed in Appendices 1, 2 and 3.

2.Background/Issues

Council at its meeting held on 26 July 2012 reviewed and updated its Delegations of Authority. Section 98 of the Local Government Act 1989 sets out that:

A Council may by Instrument of Delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than -

1.This power of delegation; and

2.The power to declare a rate or charge; and

3.The power to borrow money; and

4.The power to approve any expenditure not contained in a budget approved by the Council; and

5.Any power, duty or function of the Council under Section 223; and

6.Any prescribed power.

The Chief Executive may also delegate any power to a member of Council staff to exercise any of his duties, powers or functions except for his power to delegate.

It was proposed at the time of reviewing the delegations of Authority that an appropriate reporting mechanism be developed setting out delegations exercised that Council need to be informed of.

Attached as Appendices 1, 2 and 3 are the delegations for the period 1 July 2012 to
31 December 2012. They are set out in three categories being planning, building and a general section for Council’s consideration.

3.Council Plan Reference and Policy Reference

The Melton Shire Council 2009-2013 Council Plan refers to the need to:

Practice good governance, social, economic and environmental responsibility

4.Financial Considerations

There are no financial considerations regarding this report.

5.Consultation/Public Submissions

There is no requirement for consultation or public submissions in consideration of this item.

6.Risk Analysis

As a decision of a delegate is, in effect, a decision of the Council, it is recommended that such decisions be recorded and reported to the Chief Executive Officer on a regular basis, an important element of ensuring good governance.

7.Options

There are no options in consideration of this item.

List of Appendices

1. / Planning
2. / Building
3. / Delegations

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Ordinary Meeting of Council5 February 2013

8.5Planning Application PA 2012/3704 - Variation to the Restrictive Covenant prohibiting the construction of more than one dwelling on the land At 1 Grevillea Close, Hillside

Author: Cam Luong- Development Planner

Presenter: Bob Baggio- Manager Planning

Purpose of Report

To consider a planning application for variation to the restrictive covenant prohibiting the construction of more than one dwelling on the land at 1 Grevillea Close, Hillside.
Recommendation:
That Council issue a Notice of Refusal for the above proposal on the following grounds:
1.The proposal fails to satisfy the decision guidelines under Clause 65 of the Melton Planning Scheme, particularly in relation to Section 60 of the Planning and Environment Act 1987.
2.The proposal does not satisfy the tests for the removal or variation of a restriction as set out at Section 60(2) of the Planning and Environment Act 1987.

Report

1.Background

Executive Summary

Application No.: / 2012/3704
Applicant: / CSQ Town Planning Services
Owner: / Antonio Ramondetta

It is proposed to vary the restrictive covenant that affects the land, by deleting aspects of the covenant prohibiting the construction of more than one dwelling on the land.

The site is within the Residential 1 Zone and affected by the Development Plan Overlay (DPO1).

15 objections have been received.

The proposal does not to meet the relevant requirements of the Council’s Planning Scheme.

Refusal is recommended.

The Land and Surrounding Area

The subject site has an area of 6000m² and is located on the corner of Grevillea Close and Gourlay Road, Hillside. Other features of the site are as follows:

 The site is rectangular in shape and located in the Sugargum Estate.

An existing double storey dwelling and garage has been constructed on the subject land. The dwelling is located near the Grevillea Close frontage; and the garage is located near the southern property boundary fronting Gourlay Road.